Robert D. Eassa

Areas of Practice

• Employment and Labor Law

• Commercial Litigation

Representative Matters

• Obtained a unanimous defense verdict in a jury trial lasting over eight weeks, as well as the denial of an equitable claim for reinstatement, on behalf of a state entity in a complex whistleblower retaliation action alleging four retaliation-based statutory causes of action.

• Represented Spectrum Security Services in obtaining a unanimous decision from the 2nd District Court of Appeal in a labor dispute where plaintiffs claimed Spectrum “willfully” or intentionally failed to pay meal premiums to its employees. The court found that Spectrum presented defenses in good faith and ruled that they did not willfully fail to pay the wages. This is a significant victory for California employers as it provides them with a defense to waiting-time and wage-statement penalties recoverable under Labor Code Sections 203 and 226 when they can show a “good faith” belief in their compliance with the Labor Code.

• Defended Allergan Inc. and individual board members from start to finish in an ERISA “stock drop” case, successfully securing dismissal of all claims and affirmance on appeal by the 3rd Circuit court of appeals; the court rejected plaintiffs’ allegations that the company and board members had inside knowledge of a price-fixing conspiracy leading to inflation of its stock price, which they claimed affected workers and retirees in the employee stock ownership plan.

• The United States Department of Labor v. FCE et al. ERISA civil action; settled with no admission of wrongdoing.

• Ekwueme v. Regents of the University of California. Race and disability discrimination case; prevailed on a Motion for Summary Judgment.

• Eidson v. The Lawrence Berkeley National Laboratory. Gender Discrimination and Equal Pay Act claim. Three week jury trial--Defense verdict.
• FCE Benefit Administrators, Inc. v. George Washington University, Unfair Business Practices Act.
• Harris v. National Semiconductor, complex/multi-plaintiff chemical litigation.
• Palacio v. Longs Drug Stores California, Inc., wrongful termination, discrimination, false imprisonment (Nine plaintiffs involved) — Defense verdict.
• Foster City Community Development Agency v. JMA Investments, California Environmental Quality Act (CEQA) action.
• In Re IBM Litigation, complex/multi-plaintiff chemical litigation.
• Said v. Mission Linen Supply Company, racial discrimination.
• Chavez v. St. Matthews Episcopal Church, racial discrimination.
• Chervenack v. Phelps Dodge Industries, Toxic tort.
• Cambra v. Chevron International Exploration & Production Company, wrongful termination, slander, invasion of privacy jury trial — Defense verdict.
• McPike v. Ablestik Laboratories, race discrimination, harassment, wrongful termination, retaliation jury trial — Defense verdict (also successfully obtained attorneys’ fees awarded against plaintiff employee).
• Sappington v. Henkel Corporation, age discrimination jury trial — Settled.
• Vaynberg v. Chevron Corporation, wage and hour jury trial — Defense verdict.
• AT Systems v. Longs Drug Stores California, breach of contract, breach of covenant of good faith and fair dealing jury trial — Defense verdict (also, attorneys’ fees awarded to client after trial).
• Gallegos v. FCE Benefit Administrators Inc., gender/sexual orientation discrimination, wrongful termination.
• Jones v. Chevron U.S.A., disability discrimination, retaliation, wrongful termination.
• ATM Capitol, Inc. v. Longs Drugs California, breach of contract, breach of covenant of good faith and fair dealing, jury trial — Defense verdict (also, attorneys’ fees awarded to client after trial).
• Sadatti v. Longs Drugs Stores California, disability discrimination, failure to reasonably accommodate and to engage in interactive process, jury trial — Settled.

• Represented Chevron Stations, Inc., a multinational energy corporation and subsidiary of Chevron U.S.A., Inc, in a wage and hour class action case in San Diego, California. The class claim was liquidated in the agreed amount of $17 million. The decision granted Chevron’s motion and denied plaintiff’s motion.

Admissions

• California

Education

• University of California College of the Law, San Francisco, J.D., 1982
• San Francisco State University, M.B.A., 1978
• San Francisco State University, B.A., 1976

Experience

• Duane Morris LLP
  - Partner, 2018-present

• Sedgwick LLP
  - Partner, 2012-2017

• Brown Eassa & McLeod LLP
  - Partner, 1999-2012

• Hardin Cook Loper Engle and Bergez
  - Associate/Partner, 1984-1999

Professional Activities

• American Bar Association

• San Francisco Bar Association

• Los Angeles Bar Association

• National Bar Association

• Defense Research Institute

• Association of Defense Counsel of Northern California

• International Association of Defense Counsel

Honors and Awards

• Thomson Reuters Stand-out Lawyer, 2023 and 2024

• Selected as one of the Daily Journal's 2019 Top Labor & Employment Lawyers

• Listed in Northern California Super Lawyers, 2004-2018

Selected Speaking Engagements

• Speaker, "Best Practices for Protecting Your Business from Class and Collective Actions and Unfair Competition," The New Reality of Workplace Law and Practice in the COVID-19 Era, Duane Morris LLP, Webinar, October 28, 2020

• Interviewed, "After ‘Predator’ controversy, We Look at the Intersection of Workplace Safety and Equal Opportunity," KPCC AirTalk, September 10, 2018

Selected Publications

• Co-author, "California Supreme Court Recognizes an Employer's Good Faith Defense to Labor Code Wage Statement Penalties," Duane Morris Alert, May 7, 2024
• Co-author, "Finally, Good News for California Employers: Extension of Good Faith Dispute Defense for Wage-and-Hour Penalties," Duane Morris Alert, March 2, 2023

• Featured, "The Gig Economy: In the Balance," Shaping Opinion, January 25, 2021

Media Hits

• Quoted, "New Ruling Means Employers Don't 'automatically' Need to Pay When Hit with Class Actions over Meal Break Pay Claims," Northern California Record, March 20, 2023
• Quoted, "Plain Meaning of 'Willful' Gives Employers New Defense," The Daily Journal, March 1, 2023
• Quoted, "San Francisco Vaccine Mandate Moves Officers to Get Shot," KPIX 5 CBS, October 14, 2021
• Quoted, "Religious Exemption Requests for COVID Vaccine Prove to be Complicated," KPIX 5 CBS, September 29, 2021

Selected Speaking Engagements

• Speaker, "Best Practices for Protecting Your Business from Class and Collective Actions and Unfair Competition," The New Reality of Workplace Law and Practice in the COVID-19 Era, Duane Morris LLP, Webinar, October 28, 2020

• Interviewed, "After ‘Predator’ controversy, We Look at the Intersection of Workplace Safety and Equal Opportunity," KPCC AirTalk, September 10, 2018